DIY Legal work. Is it a good idea?

‘Doing it yourself’ has become possible in many fields by virtue of the internet. The internet has become humanity’s repository of knowledge and resources. It is now possible to download the knowledge, plans and tips to do anything from building treehouses to planning your own funeral. Even legal work is now in the domain of …

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Landlord’s Consent. The right way to get it.

I took on a new client who had been asking their landlord for consent to an assignment of Lease so they could sell their business. They had made phone calls, taken the new tenant to meetings with the landlord’s agent, but had not received an answer one way or the other. This had been dragging …

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Take-away food and fitness franchises under scrutiny by ACCC

The Australian Competition and Consumer Commission (ACCC) is set to audit franchisors in the take-away food and fitness industries to ensure they are complying with the Franchising Code of Conduct. The ACCC has the power to insist traders produce information they are required to hold under law. For franchisors, this includes disclosure documents, marketing fund …

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Does a commercial lease need to be registered?

Leases under 3 years do not have to be registered, and the parties to a lease often rely on the short form of lease published by the REINSW for this purpose. However, what happens when you get it wrong? Is your lease void and what does this mean for the parties moving forward? I recently …

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Can you be a “retailer” if you never see a customer?

Most people know that “retail leases” get special treatment and regulation under the Retail Leases Act. The thing that no-one can categorically determine is exactly what activity constitutes “retailing” for the purposes of the legislation. We would all acknowledge that the average specialty store, food shop, café or clothing store will be a “retail activity”. …

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Purchase of Australian Commercial Real Estate by “Foreign Persons”

Article by Maria Ho, Norman Waterhouse Commercial real estate includes vacant and developed property which is not for residential purposes. A foreign person wishing to purchase commercial real estate in Australia needs to be aware that certain restrictions may apply. Foreign Person ‘Foreign Person’ is defined under Section 5 of the Foreign Acquisitions and Takeover …

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Overhaul of AH SEPP, effective immediately

Article by Anthony Whealy and Isabella Ferguson, Gadens Lawyers The Affordable Rental Housing SEPP was introduced in July 2009 to facilitate new affordable rental housing by providing a range of incentives to encourage developers to build new developments, of which at least 20% of units would be affordable rental housing, managed by not-for-profit community housing …

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